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MATTER OF TRIMBLE v. O'BRIEN

283 A.D. 920 (1954)

In the Matter of Christopher R. Trimble, as Administrator with the Will Annexed of Mae Malone, Deceased, Respondent, v. William O'Brien, as Police Commissioner of The City of New York, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 11, 1954.

Per Curiam.

Respondents-appellants' contentions are overtechnical and unrealistic. Petitioner's uncontradicted allegations fully explain petitioner's delay until 1950. Because of petitioner's factual allegations regarding the hack bureau's approval of the arrangements set forth in petitioner's affidavit, none of which is denied or questioned by any factual affidavits of respondents-appellants, appellants are estopped. Concededly no notice was ever given of...

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